EMBASSY FREIGHT HONG KONG LTD v. CENTALINE PROPERTY AGENCY LTD AND ANOTHER

EMBASSY FREIGHT HONG KONG LTD v. CENTALINE PROPERTY AGENCY LTD AND ANOTHER

On a credibility and balance of probabilities assessment the court found D2 did not represent the management fees were HK$1.60 per sq ft; even assuming D2 had assumed personal responsibility, Plaintiff did not rely to its detriment because non-monetary advantages caused Plaintiff to take the premises and Plaintiff suffered no recoverable loss under the tort measure; accordingly Plaintiff's claim dismissed and Defendant's counterclaim for commission allowed.

Citation
EMBASSY FREIGHT HONG KONG LTD v. CENTALINE PROPERTY AGENCY LTD AND ANOTHER
Parties
Plaintiff: Plaintiff (P); 1st Defendant: 1st Defendant (D1) - estate agent; 2nd Defendant: 2nd Defendant (D2) - employee
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
30 September 2003
Case Number
DCCJ6700/2002
Procedural Posture
Misrepresentation and Negligence (tort) / Trial Judgment
Outcome
Plaintiff's claim dismissed; Counterclaim in favour of 1st Defendant allowed
Legal Topics
Vicarious Liability, Assumption of Personal Responsibility, Reliance, Measure of Damages, Credibility Assessment
Source Language
EN
Tort Misrepresentation Negligence Agency Contract Damages Vicarious Liability Assumption of Personal Responsibility +3 more

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Parties

Plaintiff (P)

Plaintiff

1st Defendant (D1) - estate agent

1st Defendant

2nd Defendant (D2) - employee

2nd Defendant

Procedural Posture

Misrepresentation and Negligence (tort) / Trial Judgment

Legal Issues

  1. 1 Whether D2 represented the management fees were about HK$1.60 per sq ft
  2. 2 Whether P relied on any such representation in entering the tenancy
  3. 3 Whether D1 and/or D2 were negligent in making any representation

Ratio Decidendi

On a credibility and balance of probabilities assessment the court found D2 did not represent the management fees were HK$1.60 per sq ft; even assuming D2 had assumed personal responsibility, Plaintiff did not rely to its detriment because non-monetary advantages caused Plaintiff to take the premises and Plaintiff suffered no recoverable loss under the tort measure; accordingly Plaintiff's claim dismissed and Defendant's counterclaim for commission allowed.

Court Disposition

Plaintiff's claim dismissed; Counterclaim in favour of 1st Defendant allowed

Orders

  • Claim dismissed against 1st and 2nd Defendants.
  • Judgment for 1st Defendant against Plaintiff on counterclaim for HK$8,718.00 with interest at 8% per annum from date of writ of summons to date of judgment and thereafter at judgment rate until payment.